The Florida Legislature is not going to call itself back to Tallahassee for a special session on gun control.

But the idea of a self-starter session illustrates the partisan divide between legislative Democrats and Republicans. Bottom line: Republicans win.

On Tuesday, the Florida Democratic Party announced that 41 state representatives had petitioned Secretary of State Laurel Lee to poll the entire Legislature and find out if there is sufficient support to reconvene the House and Senate and consider firearms legislation. If three-fifths of each chamber’s membership – 24 senators and 72 representatives – respond favorably by next Wednesday, a session would happen.

Even if Republicans didn’t control both chambers, there would be no chance of a special session. Legislators are home with their families and their businesses, and nobody wants to come back to Tallahassee and be badgered by zealots on either side of an issue like guns.

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Joshua Hanson leads a chant as he joins thousands of people in the March for Our Lives movement headed to theFlorida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at FloridaÕs Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at FloridaÕs Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at FloridaÕs Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at FloridaÕs Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at FloridaÕs Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at FloridaÕs Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at FloridaÕs Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Marjory Stoneman Douglas graduate Matthew Harris and local organizer, right, watches as thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at FloridaÕs Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at FloridaÕs Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at FloridaÕs Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at FloridaÕs Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at FloridaÕs Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at FloridaÕs Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at FloridaÕs Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at FloridaÕs Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at FloridaÕs Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Alejanda Cardozo, center, joins thousands of people gathered in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Marjory Stoneman Douglas graduate Matthew Harris and local organizer speaks to the thousands of people gathered in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Marjory Stoneman Douglas graduate Matthew Harris and local organizer speaks to the thousands of people gathered in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform. Joe Rondone/Democrat

Tallahassee Mayor and Florida gubernatorial candidate Andrew Gillum speaks to the thousands of people gathered in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at FloridaÕs Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform. Joe Rondone/Democrat

Tallahassee Mayor and Florida gubernatorial candidate Andrew Gillum speaks to the thousands of people gathered in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at FloridaÕs Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at FloridaÕs Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Tallahassee Mayor and Florida gubernatorial candidate Andrew Gillum speaks to the thousands of people gathered in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at FloridaÕs Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at FloridaÕs Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Leon County School Superintendent Rocky Hanna speaks to the thousands of people gathered in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at FloridaÕs Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Thousands of people gather in the March for Our Lives movement at Florida’s Capitol on Saturday in Tallahassee, Fla., joining millions around the nation and the world is support of gun law reform.
Joe Rondone/Democrat

Tallahassee mayor and Florida governor candidate Andrew Gillum (D) speaks to the crowd at the March for Our Lives Rally on the steps of the Old Florida Capitol on Saturday, March 24. Andrew Salinero/FSView

Tallahassee mayor and Florida governor candidate Andrew Gillum (D) speaks to the protesters at the March for Our Lives Rally on the steps of the Old Florida Capitol on Saturday, March 24 Andrew Salinero/FSView

The Constitution provides for special sessions by three-fifths vote of the membership, in theory, but it never happens in real life. When the U.S. Supreme Court struck down capital punishment nationwide in 1973, outraged lawmakers tried to call a special session to enact replacement legislation. Cooler heads – namely the governor and presiding officers of the House and Senate – put the matter off until the next regular session.

Similarly, after the slaying of Trayvon Martin in 2012 and the murders of 49 people at the Pulse nightclub in 2016, Democrats called for special sessions. The idea fizzled, with almost no members crossing party lines.

The Legislature was already in session when 17 people were killed at Marjory Stoneman Douglas High School last year. Legislators raised the age for buying a rifle from 18 to 21, applied the three-day waiting period to rifles, banned “bump stocks” that allow rapid fire and made it easier to seize guns from dangerous people.

Acting in haste at the height of public outrage over Parkland, the state got sued and some legislators are now trying to repeal parts of the law. Those repeals probably won’t pass, but there’s no reason to think the political climate surrounding gun control has changed.

In petitioning for a special session this week, House Democrats proposed requiring background checks for all gun transfers, a ban on large-capacity magazines, reducing the time concealed-weapons licenses are valid, imposing safety standards for storing weapons at home and expanding the list of people who can petition a court for a risk-protection order to confiscate someone’s guns. They also want an Urban Core Gun Violence Task Force to study gun violence.

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March for Our Lives advocates hold photos and the names of Florida's gun violence victims as hundreds of them line up in the fourth floor Capitol rotunda just outside doors to the House of Representatives after HB 70075 and HB 7093 were temporarily postponed Wednesday, April 3, 2019. Tori Schneider/Tallahassee Democrat

Hundreds of students from Tampa, Orlando and Gainesville and members of Moms Demand Action lined the fourth floor rotunda holding the photos and names of those who have lost their lives to gun violence in Florida after HB 7093 was temporarily postponed Wednesday, April 3, 2019. The bill would've allowed teachers to carry guns if they met certain criteria. Tori Schneider/Tallahassee Democrat

March for Our Lives and Moms Demand Action advocates hold signs as hundreds of them line up in the fourth floor Capitol rotunda just outside doors to the House of Representatives after HB 7093 was temporarily postponed Wednesday, April 3, 2019. The bill would've allowed teachers to carry guns if they met certain criteria. Tori Schneider/Tallahassee Democrat

Rep. Carlos Guillermo Smith, D-Orlando, sheds tears as he talks with two March for Our Lives advocates about the Pulse Nightclub shooting victim, Brenda Marquez McCool, whose photo they held as they lined the fourth floor rotunda just outside the doors to the House of Representatives after HB 7093 was temporarily postponed Wednesday, April 3, 2019. The bill would've allowed teachers to carry guns if they met certain criteria. Tori Schneider/Tallahassee Democrat

Brenda Marquez McCool was killed at the Pulse Nightclub shooting in Orlando in 2016. She was one of hundreds of gun violence victims whose photos were displayed by March for Our Lives advocates as they lined the fourth floor rotunda just outside the doors to the House of Representatives after HB 7093 was temporarily postponed Wednesday, April 3, 2019. The bill would've allowed teachers to carry guns if they met certain criteria. Tori Schneider/Tallahassee Democrat

Rep. Carlos Guillermo Smith hugs Tampa Preparatory School sophomore Caroline Goldstein, 16, who held a photo of Pulse Nightclub shooting victim, Brenda Marquez McCool, with other March for Our Lives advocates as they lined the fourth floor rotunda just outside the doors to the House of Representatives after HB 7093 was temporarily postponed Wednesday, April 3, 2019. The bill would've allowed teachers to carry guns if they met certain criteria. Tori Schneider/Tallahassee Democrat

Erin Wiley, a member of Moms Demand Action, hugs Safiyyah Amer, a 15-year-old sophomore from Blake High School in Tampa. Amer held a photo of Amanda Alvear, a victim of the Pulse Nightclub shooting and the daughter of Wiley's friend. Amer and Wiley were two of hundreds who lined the fourth floor rotunda just outside the doors to the House of Representatives after HB 7093 was temporarily postponed Wednesday, April 3, 2019. The bill would've allowed teachers to carry guns if they met certain criteria. Tori Schneider/Tallahassee Democrat

Rep. Kamia Brown, D-Orange County, thanks Lucy Hampton, 7, of Gainesville, for coming to the Capitol with other March for Our Lives advocates as they lined the fourth floor rotunda just outside the doors to the House of Representatives afte HB 7093 was temporarily postponed Wednesday, April 3, 2019. The bill would've allowed teachers to carry guns if they met certain criteria. Tori Schneider/Tallahassee Democrat

Rep. Anna Eskamani, D-Orange County, shakes hands with March for Our Lives advocates lined up in the fourth floor Capitol rotunda just outside doors to the House of Representatives telling them "Thank you, you literally stopped this bill today," after HB 7093 was temporarily postponed Wednesday, April 3, 2019. The bill would've allowed teachers to carry guns if they met certain criteria. Tori Schneider/Tallahassee Democrat

A March for Our Lives advocate holds a photo of Maura Binkley, a victim of the Tallahassee Hot Yoga shooting as hundreds of advocates lined up in the fourth floor Capitol rotunda just outside doors to the House of Representatives after HB 7093 was temporarily postponed Wednesday, April 3, 2019. The bill would've allowed teachers to carry guns if they met certain criteria. Tori Schneider/Tallahassee Democrat

March for Our Lives and Moms Demand Action advocates hold signs as hundreds of them line up in the fourth floor Capitol rotunda just outside doors to the House of Representatives after HB 7093 was temporarily postponed Wednesday, April 3, 2019. The bill would've allowed teachers to carry guns if they met certain criteria. Tori Schneider/Tallahassee Democrat

Rep. Dotie Joseph, D-Miami-Dade, folds her hands and says "thank you, thank you" while walking through the middle of hundreds of March for Our Lives advocates in the fourth floor rotunda of the Capitol after HB 7093 was temporarily postponed Wednesday, April 3, 2019. The bill would've allowed teachers to carry guns if they met certain criteria. Tori Schneider/Tallahassee Democrat

March for Our Lives advocates hold signs as hundreds of them line up in the fourth floor Capitol rotunda just outside doors to the House of Representatives on April 3. Tori Schneider/Tallahassee Democrat

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Governors can call special sessions, as they often do in a major budget shortfall or other emergency. So can the House speaker and Senate president, though they never need to. It’s inconceivable that the state’s chief executive and legislative presiding officers would overlook an emergency so pressing that three-fifths of the Legislature would have to summon a session.

“While I’m sure this request for special session is sincere and well intentioned, we must always strive to do something right rather than just do something,” House Speaker Jose Oliva, R-Miami Lakes, said of the Democrats’ proposal. “We have committee weeks coming up and regular session shortly thereafter.”

Public opinion polls show overwhelming support for the general concept of gun control, but courts and legislatures don’t vote on general concepts. They require specific statutes, and any bill someone proposes can be picked apart, detail by detail, in the legislative process.

And, as we saw after the Parkland murders, anything the Legislature does is going to wind up in court.

There’s also a pending constitutional amendment which, if the Florida Supreme Court approves its ballot language and enough voters sign petitions for it, would ban “assault weapons.” So if 60 percent of voters approve that amendment next year, legislators will set to work on implementing legislation to thwart its purpose – as they’ve done with past public mandates.

Oliva was diplomatic in saying the special-session request is “sincere and well intentioned.” A more cynical observer might see a touch of partisan posturing – Democrats trying to look ready to do something in the aftermath of El Paso, Dayton and so many others; Republicans in Washington and Florida sticking to their guns with the familiar Second Amendment arguments.

The regular session starts in January, and lawmakers will have 60 days to do nothing on guns. And besides, if they wanted to do anything, they would have long ago.

Bill Cotterell is a retired Tallahassee Democrat Capitol reporter who writes a twice-weekly column. He can be reached at bcotterell@tallahassee.com.

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